In its 2019 Report to the Universal Periodic Review, the Islamic Republic of Iran stated that it
adopted measures including “providing access to a lawyer and benefiting from legal advice” and
added that “in the agreement with the centre of lawyers and legal advisers of the Judiciary and a
number of bar associations, free judicial assistance is provided to prisoners” and that “social and
judicial assistance units also provide legal counsel to prisoners.”39
However, as previously mentioned individuals accused of committing crimes against national
security, including those that might be sentenced to the death penalty, are often denied access to
a lawyer during the investigative stage of the judicial process. In the hundreds of cases of
individuals arrested for political reasons or are suspected of committing ordinary crimes that the
Abdorrahman Boroumand Centre has investigated, all detainees were interrogated without the
presence of an attorney.40 Reports have shown a pattern of reported cases where prisoners remain
incarcerated without proper access to legal representation during all stages of their trial
procedure. 41 42 43 44 In many reported cases, especially those involving charges of crimes against
national security, defendants have reported seeing their lawyer for the first time on the day of
their trial. 45 46
In light of the above, the Islamic Republic of Iran has not ensured that all those sentenced to
death can exercise their right to equal access to justice through adequate legal representation.
Additionally, the existing legal aid programmes have not been effective in ensuring adequate and
qualified legal representation for all.
Recommendation Status:
This recommendation has NOT been implemented47
39
National Report, UPR 2019, Islamic Republic of Iran, https://undocs.org/A/HRC/WG.6/34/IRN/1
Abdorrahman Boroumand Center, joint submission to the Human Rights Committee from the Abdorrahman Boroumand
Center, Iran Human Rights Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf
41
HRANA https://www.en-hrana.org/political-prisoner-denied-access-to-an-attorney
42
HRANA https://www.en-hrana.org/arash-sadegh-golrokh-iraeis-lawyers-access-cases
43
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, January 2020,
https://www.ohchr.org/Documents/Countries/IR/Report_of_the_Special_Rapporteur_on_the_situation_of_human_rights_in_the_
Islamic_Republic_of_IranA4361.pdf
44
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, July 2020, https://documentsdds-ny.un.org/doc/UNDOC/GEN/N20/190/27/PDF/N2019027.pdf?OpenElement
45
Joint submission to the Human Rights Committee from the Abdorrahman Boroumand Center, Iran Human Rights
Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf
46
Human Rights Watch https://www.hrw.org/news/2016/03/24/iran-detainees-denied-fair-legal-representation
40
47
For more, please see: Abdorrahman Boroumand Center https://www.iranrights.org/newsletter/issue/79
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